Exempt vs. Nonexempt: Not All Managers’ Duties Are Managerial

January 23, 2020 | From HRCalifornia Extra

by Michelle Galbraith, J.D.; HR Adviser, CalChamber

In California, employees who work more than eight hours in a day or 40 hours in a week are entitled to overtime pay. However, there are several exemptions to the overtime law, permitting employers to pay certain categories of employees a flat salary without overtime wages. One such exemption is for executives, who are typically high-level managers exercising their independent discretion and judgment while supervising other employees.

A recent case before a California Court of Appeal evaluated the standard for classifying an employee under the executive exemption when the worker performs both exempt and nonexempt tasks throughout the day.

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